Florida Statute 48.041 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 48
PROCESS AND SERVICE OF PROCESS

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F.S. 48.041

48.041 Service on minor.—

(1) Process against a minor who has never been married shall be served:

(a) By serving a parent or guardian of the minor as provided for in s. 48.031 or, when there is a legal guardian appointed for the minor, by serving the guardian as provided for in s. 48.031.

(b) By serving the guardian ad litem or other person, if one is appointed by the court to represent the minor. Service on the guardian ad litem is unnecessary when he or she appears voluntarily or when the court orders the appearance without service of process on him or her.

(2) In all cases heretofore adjudicated in which process was served on a minor as prescribed by any law heretofore existing, the service was lawfully made, and no proceeding shall be declared irregular or illegal if a guardian ad litem appeared for the minor.

History.—ss. 1, 2, ch. 7853, 1919; CGL 4273, 4274; s. 1, ch. 19175, 1939; CGL 1940 Supp. 4274(13); s. 2, ch. 29737, 1955; s. 4, ch. 67-254; s. 1, ch. 84-176; s. 270, ch. 95-147.

Note.—Former ss. 47.23-47.25.

F.S. 48.041 on Google Scholar

F.S. 48.041 on Casetext

Amendments to 48.041

Arrestable Offenses / Crimes under Fla. Stat. 48.041

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 48.041.

Annotations, Discussions, Cases:

Cases Citing Statute 48.041

Total Results: 19

In Re: Amendments to the Florida Rules of Civil Procedure - 2019 Regular-Cycle Report

Court: Supreme Court of Florida | Date Filed: 2020-04-16

Snippet: sections 48.031 (service of process generally), 48.041 (service on minors), 48.042 (service on incompetents)

League of Women Voters of Florida v. Detzner

Court: Supreme Court of Florida | Date Filed: 2015-12-02

Citation: 179 So. 3d 258, 2015 WL 7753054

Snippet: 73 69 73 CD25 .48 .41 .48 .73 .67 .73

Dempsey v. State

Court: District Court of Appeal of Florida | Date Filed: 2011-07-20

Citation: 82 So. 3d 928, 2011 WL 2848713, 2011 Fla. App. LEXIS 11363

Snippet: listed guardian, at her place of employment. See § 48.041(l)(a), Fla. Stat. (2010) (providing that service

In Re Amendments to Rules of Civ. Procedure

Court: Supreme Court of Florida | Date Filed: 2007-09-27

Citation: 966 So. 2d 943, 32 Fla. L. Weekly Supp. 606, 2007 Fla. LEXIS 1788, 2007 WL 2790745

Snippet: sections 48.031 (service of process generally), 48.041 (service on minors), 48.042 (service on incompetents)

Cason Ex Rel. Saferight v. Hammock

Court: District Court of Appeal of Florida | Date Filed: 2005-06-24

Citation: 908 So. 2d 512, 2005 WL 1488650

Snippet: notice is to be given to a minor, we look to section 48.041, Florida Statutes (2003), which provides how service

Amendments to the Florida Rules of Civil Procedure

Court: Supreme Court of Florida | Date Filed: 2003-10-23

Citation: 858 So. 2d 1013, 28 Fla. L. Weekly Supp. 797, 2003 Fla. LEXIS 1779, 2003 WL 22410375

Snippet: sections 48.031 (service of process generally), 48.041 (service on minors), 48.042 (service on incompetents)

Amendments to the Florida Rules of Civil Procedure

Court: Supreme Court of Florida | Date Filed: 2000-10-05

Citation: 773 So. 2d 1098, 2000 Fla. LEXIS 2312, 2000 WL 1472356

Snippet: sections 48.081 (service of process generally), 48.041 (service on minors), 48.042 (service on incompetents)

In Re Amend. to Fla. Rules of Civ. Proc.

Court: Supreme Court of Florida | Date Filed: 1996-10-31

Citation: 682 So. 2d 105, 1996 WL 627562

Snippet: sections 48.031 (service of process generally), 48.041 (service on minors), 48.042 (service on incompetents)

In Re Amendments to Fla. Rules Civ. Proc.

Court: Supreme Court of Florida | Date Filed: 1992-07-16

Citation: 604 So. 2d 1110, 1992 WL 163953

Snippet: sections 48.031 (service of process generally), § 48.041 (service on minors), § 48.042 (service on incompetents)

In Re Amendments to Rules of Civ. Proc.

Court: Supreme Court of Florida | Date Filed: 1988-12-30

Citation: 536 So. 2d 974

Snippet: Statutes § 48.031 (service of process generally), § 48.041 (service on minors), § 48.042 (service on incompetents)

A-1 King Size Sandwich Co. v. McRae

Court: District Court of Appeal of Florida | Date Filed: 1986-10-30

Citation: 496 So. 2d 958, 1986 Fla. App. LEXIS 10389, 11 Fla. L. Weekly 2303

Snippet: injury. 1C Larson, Worker’s Compensation Law, § 48.41. The element of separateness of employer and service

Davie v. Calton ex rel. Calton

Court: District Court of Appeal of Florida | Date Filed: 1984-07-24

Citation: 453 So. 2d 185, 1984 Fla. App. LEXIS 14394

Snippet: conjunctive and strict requirements of Section 48.041(1), Florida Statutes (1969),1 see Jones v. Lucks

Community Federal Savings & Loan Ass'n of the Palm Beaches v. Wright

Court: District Court of Appeal of Florida | Date Filed: 1984-06-20

Citation: 452 So. 2d 638, 1984 Fla. App. LEXIS 13617

Snippet: guardian. §§ 48.041(2) and 48.031, Fla. Stat. (1983). However, appellant fails to read section 48.041(2) in

COMMUNITY FED. SAV. & LOAN v. Wright

Court: District Court of Appeal of Florida | Date Filed: 1984-06-20

Citation: 452 So. 2d 638

Snippet: guardian. §§ 48.041(2) and 48.031, Fla. Stat. (1983). However, appellant fails to read section 48.041(2) in

Williams v. Richardson

Court: District Court of Appeal of Florida | Date Filed: 1983-03-22

Citation: 432 So. 2d 58, 1983 Fla. App. LEXIS 18930

Snippet: McNab, 139 So.2d 734 (Fla. 2d DCA 1962); Section 48.041(1) Florida Statutes (1977). Therefore, the final

Bolender v. State

Court: Supreme Court of Florida | Date Filed: 1982-10-28

Citation: 422 So. 2d 833

Snippet: and a guardian had been appointed. Under section 48.041, Florida Statutes (1979), his guardian should have

Godfrey v. Neumann

Court: Supreme Court of Florida | Date Filed: 1979-07-27

Citation: 373 So. 2d 920

Snippet: for service upon a minor as prescribed by section 48.041. In International Shoe Co. v. Washington and McGee

Ago

Court: Florida Attorney General Reports | Date Filed: 1978-03-15

Snippet: sheriff acts in accordance with the provisions of s. 48.041(1), F. S., by reading the process to the incompetent

Jones ex rel. Jones v. Lucks

Court: District Court of Appeal of Florida | Date Filed: 1977-08-12

Citation: 349 So. 2d 691, 1977 Fla. App. LEXIS 16228

Snippet: service of process on a minor pursuant to Section 48.041(1). The pertinent language of that statute is as